Text: S.88 — 114th Congress (2015-2016)All Information (Except Text)

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Introduced in Senate (01/07/2015)


114th CONGRESS
1st Session
S. 88


To amend the Clean Air Act to clarify the definition of accidental release, and for other purposes.


IN THE SENATE OF THE UNITED STATES

January 7, 2015

Mr. Vitter introduced the following bill; which was read twice and referred to the Committee on Environment and Public Works


A BILL

To amend the Clean Air Act to clarify the definition of accidental release, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

This Act may be cited as the “General Duty Clarification Act of 2015”.

SEC. 2. Prevention of accidental releases.

Section 112(r) of the Clean Air Act (42 U.S.C. 7412(r)) is amended—

(1) in paragraph (1)—

(A) by striking “It shall be the objective” and inserting the following:

“(A) IN GENERAL.—It shall be the objective”; and

(B) by adding at the end the following:

“(B) REGULATIONS.—

“(i) IN GENERAL.—Not later than 12 months after the date of enactment of the General Duty Clarification Act of 2015, the Administrator shall promulgate regulations defining the terms ‘extremely hazardous substance’, ‘appropriate hazard assessment techniques’, and ‘design and maintain a safe facility’ as used in this subsection.

“(ii) UNIFORMITY.—Not later than 18 months after the date of enactment of the General Duty Clarification Act of 2015, the Administrator shall issue guidelines to ensure that this paragraph is enforced by the regional offices of the Environmental Protection Agency in a uniform and appropriate manner across all regions of the United States.”;

(2) in paragraph (2)(A), by inserting “, other than an emission resulting from an act intended to cause harm” before the period at the end; and

(3) by adding at the end the following:

“(12) DESIGNS, APPROACHES, OR TECHNOLOGIES.—In exercising any authority under this subsection, the Administrator shall not, directly or indirectly, impose any obligation on any owner or operator of any stationary source to consider or implement particular designs, approaches, or technologies relating to manufacturing, processing, handling, or storage.”.


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